1. Overview

Our website is operated by 1922 Pty Ltd, a duly registered Australian business with company address located at 1A Tusculum St, Potts Point NSW 2011. Throughout the site, the terms “we”, “us” and “our” are used to mean 1922 Pty Ltd, its related employees, agents, officers and independent contractors.

1922 Pty Ltd offers this website, including all information, tools and services available from this site to you, the “user”, conditioned upon your acceptance of all our terms, conditions, policies and notices either stated or incorporated by reference herein.

By visiting our site and/or purchasing something from us, you thereby engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, or “Terms”), including those additional terms and conditions, and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation to users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you thereby voluntarily agree to be bound by these Terms and Conditions. If you do not agree with all the terms and conditions of this agreement, then you may not access the website or use any services and must therefore immediately cease from using or accessing our site. If these Terms and Conditions are considered an offer in any jurisdiction, its acceptance is expressly limited as provided in these Terms and Conditions.

Any new features or tools which are subsequently added to the current store shall also be subject to these Terms and Conditions. A current version of our Terms and Conditions can be reviewed by any user at any time by visiting this page. We reserve the right to update, amend, modify, revise, change or replace any part of these Terms and Conditions by posting the necessary updates and/or changes to our website at the earliest convenience. It is your sole responsibility as a user, to check this page periodically for any incorporated changes. Your continued use of, or access of the website following the posting of any changes, constitutes acceptance of our current or updated Terms and Conditions.

  1. Referral Campaign Rules

These Referral Campaign Rules (“Program Rules”) govern your participation in the Penguin Cooling Case Referral Launch Campaign. The Program Rules are in addition to any agreements between you and 1922 Pty Ltd, including our Terms & Conditions, as abdicable (collectively, the “Penguin Cooling Case Terms”). The Penguin Cooling Case Terms are incorporated by reference and shall apply to your participation in the Penguin Cooling Case Referral Launch Campaign, including whenever necessary, to resolve any disputes between you and 1922 Pty Ltd, related to or arising out of the Penguin Cooling Case Referral Launch Campaign.

III.                    Referral Campaign Overview

The Penguin Cooling Case Referral Launch Campaign (“Launch Campaign”) is offered by 1922 Pty Ltd and its affiliates (collectively referred as the “Penguin Cooling Case”) which provides Users who wants to participate and refer their friends (“Referrers”) who will likewise have the opportunity to refer eligible individuals to join our Launch Campaign as participants. These Program Rules apply to both Referrers and referred Users (“Referred Users” or “Referred participants”, respectively). Kindly read these terms carefully to better understand your respective rights and obligations.

  1. Referrer Eligibility

To be eligible to participate in the Launch Campaign as a Referrer, you must:

(a)       Be a legal resident of your country;

(b)       Be the age of majority in your state or territory of residence; and

(c)       Maintain a valid email address in good standing.

If you are a referrer and engage in prohibited referral activity as provided herein, 1922 Pty Ltd may terminate your ability to participate in the Referral Program at its sole discretion.

  1. Referral Links

Under the Launch Campaign, 1922 Pty Ltd may provide you with a unique referral link which you can distribute to eligible individuals to become new participants. Please note that 1922 Pty Ltd owns all rights in, and to any referral link so provided. You acknowledge and agree that:

(a)       You have no ownership rights in any of the referral link provided; and

(b)       1922 Pty Ltd may reclaim, deactivate, invalidate or terminate your referral link at any time at our sole discretion.

  1. How to Refer New Participants

In order to refer new participants for the Launch Campaign, you will first need to sign-in for the program at https://penguincoolcase.com.

VII.      The Sign-up Process

  1. In order to sign-in, you will need to provide us with your First Name and a valid E-mail address;
  2. Should you want to receive the latest news, deals and promotions from 1922 Pty Ltd and Penguin Cooling Case you can check the “Newsletter” box;
  3. After you have successfully sign-in, you will receive an E-mail verification on your provided E-mail address;
  4. You will need to open the E-mail in order to verify it which can be done by clicking on the “Verify your email” button;
  5. Thereafter, you will be redirected to the referral page where you will get your unique referral link;
  6. You will then be able to send this referral link or share it across different social media platforms;
  7. If a new participant joins the Launch Campaign trough your referral link, he will be automatically counted as your referred participant.

VIII.                 Referral Rewards

  1. General

You are eligible to earn referral incentives (“Referral Rewards”) by reaching a certain referral milestone during our Launch Campaign. The Reward Criteria are set by 1922 Pty Ltd in its sole discretion and is subject to change at any time, with or without prior notice.

All rewards are based on coupon codes that will be available for use once the Penguin Cooling Case Webstore will be available. The date on which the Penguin Cooling Case Webstore will be available will be communicated to all Launch Campaign participants. The launch date is set by 1922 Pty Ltd at its sole discretion and is subject to change at any time, with or without notice.

  1. Earning Referral Rewards

Each participant whether as a Referrer or as a Referred Participant after signing-up and verifying its E-mail address, will receive an additional E-mail with a unique 10% coupon code for any product that will be made available on the Penguin Cooling Case Webstore.

Every coupon code is unique for the participant, it can only be used once, by one user, for one order, for any product that is not subject to any another promotion/discount. These coupon codes will be valid for a limited period of 180 days.

1922 Pty Ltd owns all rights in and to any coupon code. You acknowledge and agree that:

  1. You have no ownership rights in any, or over the coupon code; and
  2. 1922 Pty Ltd may reclaim, deactivate, invalidate or terminate your coupon code at any time at its sole discretion.

All rewards of the Launch Campaign will consist in coupon codes and will be distributed as follows:

  1. Upon joining the Launch Campaign, a 10% coupon code will be provided which will be distributed via your registered E-mail;
  2. 5 referrals – After 5 new participants joined our Launch Campaign through your unique referral link, a 20% coupon code will be provided which will be distributed via your registered E-mail;
  3. 10 referrals – After 10 new participants joined our Launch Campaign through your unique referral link, a $20 coupon code will be provided which will be distributed via your registered E-mail;
  4. 25 referrals – After 25 new participants joined our Launch Campaign through your unique referral link, a $50 coupon code will be provided which will be distributed via your registered E-mail; and
  5. 50 referrals – After 50 new participants joined our Launch Campaign through your unique referral link, a $70 coupon code will be provided which will be distributed via your registered E-mail.
  6. Resolving Disputes over Referrals

In the event that multiple referrers claim rewards for a particular referral, 1922 Pty Ltd has full discretion in determining as to which person earned said referral according to 1922 Pty Ltd systems. Said determination is final and not subject to any redress.

  1. Reservation of Rights

1922 Pty Ltd reserves the right to withhold or deduct Referral Rewards obtained through the Launch Campaign in the event that 1922 Pty Ltd determines or has a good faith belief that the referral was erroneous, fraudulent, illegal, or in violation of these Program Rules or any other applicable agreement between you and 1922 Pty Ltd.

Referrers and referred Users voluntarily agree that they will not engage in any fraudulent actions. Each sing-up/application has to be unique, with a valid E-mail address and in no circumstance shall any of the Referrers and referred Users maintain multiple accounts.

  1. Restrictions

In connection with your participation in the Launch Campaign, you expressly agree to the restrictions listed below and whenever distributing, promoting or communicating your Unique Referral Link, you agree that:

  1. No spamming. You agree that you will not “spam” anyone with your Unique Referral Link to join the Launch Campaign, and that you will remain compliant at all times with CAN-SPAM, the TCPA, and other applicable laws. The following specific activities are prohibited:
  2. Mass emailing, texting or messaging people you do not personally know;
  3. Use of automated systems or bots through any channel to distribute, post or respond to your Unique Referral Link;
  • Use of scripts, programed or automatic dialers to send invites or to communicate your Unique Referral Link; and
  1. Posting your Unique Referral Link on event or venue pages without express permission from the event or venue owner.
  2. No Misrepresentations.You agree that you will not attempt to mislead anyone in connection with the Launch Campaign, either by affirmative representation, implication, or omission. In particular, you agree that you will not:
  3. Impersonate any person or entity;
  4. Create fake accounts, blogs, webpages, profiles, websites, links or messages;
  • Misrepresent your relationship with 1922 Pty Ltd or any other third party (You must not create content or communications that could have the effect of leading a consumer to believe that it is an official communication from 1922 Pty Ltd);
  1. Make misrepresentations with respect to the characteristics or qualification requirements for any of the Launch Campaign Rewards. You thereby acknowledge that 1922 Pty Ltd may change the characteristics or qualification requirements for the Launch Campaign in its sole discretion, therefore you shall not represent any fixed characteristics such as but are not limited to amount of discount and expiration date.
  2. Prohibited Content. You agree that you will not use the Penguin Cooling Case and 1922 Pty Ltd brand without 1922 Pty Ltd’s explicit written permission in connection with:
  3. Disparaging or defamatory content concerning 1922 Pty Ltd or any third parties;
  4. Content which promotes racism, bigotry, hatred, discrimination or physical harm of any kind against any group or individual;
  • Offensive, abusive, intimidating or harassing content;
  1. Content that is sexually explicit, obscene and/or contains nudity;
  2. Any political and/or religious statement;
  3. Content containing images or reference to drugs, alcohol, tobacco, weapons or firearms; and
  • Content which violates someone else’s privacy.
  1. Other restrictions. In addition to the foregoing above, you also agree that you will not:
  2. Use the names or any marks of 1922 Pty Ltd competitors whether registered or not;
  3. Use images of celebrities or other public or private figures without their written consent;
  • Use someone else’s brand name or any intellectual property rights without their written consent (for example, referencing “Superbowl” or “Glastonbury” would be prohibited);
  1. Engage in phishing or attempting to obtain financial or other personal information;
  2. Solicit passwords or personally identifiable information;
  3. Create printed materials other than those authorized by 1922 Pty Ltd, including but not limited to: VistaPrint;
  • Post printed materials on public or private property without the express written consent; and
  • Engage in any other fraudulent activity. You likewise agree that you and your Referred Participants will not defraud or abuse nor attempt to defraud or abuse 1922 Pty Ltd, the terms of the Launch Campaign, or any invited Users.

If you violate any of these restrictions 1922 Pty Ltd may, in its sole discretion, remove your eligibility to participate in the Launch Campaign, and/or deny you any Launch Campaign Rewards earned in violation or suspected violation of these restrictions.

All 1922 Pty Ltd promotions run for a limited time only and are subject to change at 1922 Pty Ltd’s discretion whether with or without prior notice.

  1. Online Store Terms

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state, territory or province of residence, or that you are the age of majority in your state, territory or province of residence and you have given us your unequivocal consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction both state and federal, including but not limited to copyright laws.

You must not transmit any worms or viruses or any code of a destructive nature whether to an individual user or to our website as a whole.

A breach or violation of any of the Terms will result in an immediate termination of your Services without prejudice to any legal and equitable sanctions under prevailing laws and regulations, including but are not limited to damages sustained by 1922 Pty Ltd or any third party.

  1. General Conditions

We reserve the right to refuse Service to anyone for any reason at any time or for no reason at our sole discretion.

You understand that your content, excluding credit your card information may be transferred unencrypted and involve

(a)       Transmissions over various networks; and

(b)       Changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without our express written permission.

The headings used in this agreement are included merely for convenience and will not limit or otherwise affect these Terms.

XII. Accuracy, Completeness and Timeliness of Information

We are not responsible in any event that the information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is solely at your own risk.

This site may contain certain historical information. Historical information necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You knowingly and voluntarily agree that it is your sole responsibility to monitor changes to our site and that you will undertake all endeavours to counter check the accuracy of the information, its completeness and timeliness.

XIII. Modifications to the Service and Prices

Prices for our products are subject to change without prior notice.

We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without prior notice.

We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the initially available Service.

XIV. Products or Services

Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange pursuant to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at our store. However, we cannot guarantee that your computer monitor’s display of any color will be as accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. 1922 Pty Ltd reserve the right to limit the quantities of any products or services that we offer. All descriptions indicated on our products or product pricing are subject to change at any time without prior notice and at our sole discretion. 1922 Pty Ltd likewise reserve the right to discontinue any product at any time without prior notice. Any offer for any product or service made on this site is void whenever prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you, that the same will meet your expectations, or that any errors in the Service will be corrected.

  1. Accuracy of Billing and Account Information

We reserve the right to refuse any order placed through our website for any or for no reason. 1922 Pty Ltd may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to, or cancel an order, we may attempt to notify you by contacting the registered e-mail and/or billing address/phone number provided at the time the order was made. 1922 Pty Ltd reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You likewise agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Returns Policy.

XVI. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. Please note that third-party tools may have different Terms and Conditions of which 1922 Pty Ltd has no control of. Kindly take time in understanding the related third-party tools Terms and Conditions for your own safety and convenience.

You acknowledge and agree that we provide access to such tools on an ”as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should therefore ensure that you are familiar with, and approve of the terms on which these tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website, including the release of new tools and resources, among others. Such new features and/or services shall also be subject to these Terms and Conditions.

XVII. Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

You knowingly acknowledge that 1922 Pty Ltd has no control over third-party links terms and Conditions and access to any third-party links are undertaken on our own discretion and sole risk.

XVIII. User Comments, Feedback and other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:

(1)       To maintain any comments in confidence;

(2)       To pay compensation for any comments; or

(3)       To respond to any comments.

We may, although under no obligation to monitor, edit or remove any content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments does not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or our website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make, their truthfulness and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party in our website. Any liability that may arise out of your comment, is solely your own and 1922 Pty Ltd will cooperate with any authority and agency to the full extent of the law.

XIX. Personal Information

The submission of your personal information through our store is governed by our Privacy Policy. To view our Privacy Policy, kindly refer to a separate page in this section.

  1. Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice even to the extent when you have already submitted your order. 1922 Pty Ltd should not be faulted for any cancellation as a result of any errors, inaccuracies and omissions.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation to our, pricing information, except as may be required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

XXI. Prohibited Uses

In addition to other prohibitions as set forth in the Terms and Conditions, you are likewise prohibited from using the site or its content:

(a)       For any unlawful purpose;

(b)       To solicit others to perform or participate in any unlawful acts;

(c)       To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(d)       To infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e)       To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f)        To submit false or misleading information;

(g)       To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(h)       To collect or track the personal information of others;

(i)        To spam, phish, pharm, pretext, spider, crawl, or scrape;

(j)        For any obscene or immoral purpose; or

(k)        To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

XXII. Disclaimer of Warranties and our Limitation of Liability

To the extent permitted by law, you hereby releases 1922 Pty Ltd, together with its directors, employees, officers, agents, contractors, and representatives from all liability associated with these Terms and Conditions. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure nor error-free.

1922 Pty Ltd do not warrant that the results obtained from your use of the service will be accurate or reliable.

You agree that from time to time, we may remove the service for an indefinite period of time or cancel the service without prior notice.

You expressly agree that your use of, or inability to use the service, is at your sole risk. The service and all products and services delivered to you through the service are, except as expressly stated by us, are provided in an ‘as is’ and ‘as available’ for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall 1922 Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort, negligence, strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content, or product posted, transmitted, or otherwise made available via the service, although advised of their possibility. Since some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law under said state or jurisdiction.

XXIII. Indemnification

You undertake to indemnify, defend and hold harmless 1922 Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

XXIV. Severability

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions not declared to be unlawful, void, or unenforceable.

All other parts not declared to be void, invalid or unenforceable shall not be affected and shall continue to be in full force and effect. Any declared part to be invalid, void, or unenforceable will merely be considered as though not written and was never a part of this Terms and Conditions.

XXV. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all other purposes.

These Terms and Conditions are effective unless and until terminated by either you or by us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment we determined that you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we may also terminate this agreement at any time without prior notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services or any part thereof.

XXVI. Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision or any other rights and provisions provided herein.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between the parties and govern your use of our Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and 1922 Pty Ltd including but not limited to, any prior versions of our Terms and Conditions.

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party but instead be resolved in favor of equity between the contracting parties.

XXVII. Force Majeure        

If any loss, damage, delay or non-performance of any of the provision herein is a result of any natural disaster, acts of God, or catastrophe such as war, invasion, other hostilities including acts of terrorism, rebellion, or any other materially disruptive political or military event, labor dispute, power failure or any other disruptions on utilities and services relied upon by 1922 Pty Ltd, or any other unforeseen and external occurrence for which the company is not responsible of, nor could possibly predict what is required to perform its obligations herein, 1922 Pty Ltd shall not be liable to any damage, delay, loss, or non-performance of services as a result thereby, up to the full extent excused under prevailing laws.

XXVIII. Assignability

The users’ rights and obligations under these Terms and Conditions cannot be assigned to any third party whether voluntarily or as a result by operation of law without consent obtained prior from 1922 Pty Ltd. Should there be any assignment or unapproved delegation by the user without the prior written approval of the company, the same is null and void and bereft of any legal force and effect.

XXIX. Governing Law

These Terms and Conditions and any separate agreements incorporated by reference shall be governed by and construed in accordance with the prevailing laws of New South Wales, Australia applicable to agreements made and to be wholly performed within that jurisdiction, without regard to any conflict of laws provisions or the conflict of laws provisions in any other territory or state that would cause the application of any other applicable law, other than those enforced in New South Wales, Australia.

XXX. Arbitration and Choice of Forum

All disputes or claims relating to the use of our service and those governing our Terms and Conditions or arising out of your visit or access to our website, shall be resolved through a binding arbitration before resorting to the regular courts. You thereby agree that both parties shall be responsible for their own costs, attorney’s fees whenever applicable, unless such claim is frivolous or dilatory, in which case the attorney’s fees may be pursued against the erring party.

Please note that in arbitration, there is no judge or jury and therefore the court’s review of an arbitral award is limited. It is however within the power of the arbitrator to award the same damages and relief as a court on an individual basis may award, following and applying the provisions under these Terms and Conditions as any court would. All arbitration proceeding shall solely be conducted by an alternative dispute resolution practitioner accredited by the New South Wales Bar Association.

Prior to commencing an arbitration proceeding, you must first send a correspondence requesting for arbitration describing your claim to our registered address with the following details:

1922 Pty Ltd

1A Tusculum St, Potts Point NSW 2011

The arbitration is to be conducted by an accredited alternative dispute resolution practitioner of the New South Wales Bar Association under its rules and procedures for consumer-related disputes. Please note that should the user desire to move forward with arbitration, payment of all filing fees, administration and arbitrator fees shall be shouldered by said user.

The user agrees in addition hereto, that whenever possible and reasonable under all relevant rules, the arbitration shall be conducted in Potts Point, NSW or as close to the said venue as possible.

XXXI. Changes to Terms and Conditions

You can review the most current version of our Terms and Conditions at any time by visiting this page or by contacting us to request the same.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions with or without prior notice, by posting updates and changes to our website as soon as practicable. It is your responsibility to check our website periodically for any changes. Your continued use of, or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. Your use and access of our services and of our website shall be governed by our most recent Terms and Conditions during such use and access of our services and of our website.

No revision, amendment or modification can be made effective in this Terms and Conditions even by an employee of 1922 Pty Ltd, unless such revision, amendment, or modification is reduced in writing and no provisions can be waived by either party unless put into writing.

XXXII. Contact Information

Any questions about our Terms and Conditions may be sent to us through email at cool@penguincoolcase.com or through traditional mail in the above provided address.